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Patna High CourtCR. MISC./27002/2019bail granted

Vikash Raut @ Vikash Patel @ Vikash Kumar v. The State Of Bihar

2019-08-14Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27002 of 2019 Arising Out of PS. Case No.-4 Year-2015 Thana- MAHILA PS District- East Champaran ====================================================== Vikash Raut @ Vikash Patel @ Vikash Kumar Son of Late Yado Lal Patel @ Yado Lal Raut Resident of Village- Sarottar (Dhangarha Chowk), P.S.- Dumariaghat, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakti Suman Kumar, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 25.02.2019 has filed the instant application for grant of bail in connection with Motihari Mahila P.S. Case No. 4 of 2015 registered for the offence punishable under sections 313, 376, 372, 373 and 34 of the Indian Penal Code and sections, 3,4,5 and 6 of the Immoral Traffic Act, 1956 to which section 370A(c) of the IPC was added subsequently.

It is alleged by the informant that she was living with the co-accused Ravi Ranjan after marrying him in the temple. It is further alleged that the said Ravi Ranjan later on sold her to an R.K. Orchestra Party owned by this petitioner. It is on escape

Patna High Court CR. MISC. No.27002 of 2019(4) dt.14-08-2019 2/3 from the said R.K. Orchestra Party that she reached the police station.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. Subsequently, in course of investigation the statement of the informant was recorded under section 164 Cr.P.C. which has been brought on record as Annexure 2 to the bail application. From perusal of the same, it would transpire that the main allegation is against Ravi Ranjan and not this petitioner. The said Ravi Ranjan has already been enlarged on bail by order dated 23.12.2016 passed in Cr. Misc. No. 32698 of 2016, copy of which has been brought on record as Annexure 3 to this application.

Learned APP for the State opposes the application for bail.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner is in custody since 25.02.2019 and that the co-accused has already been enlarged on bail, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XIV, East

Patna High Court CR. MISC. No.27002 of 2019(4) dt.14-08-2019 3/3 Champaran, Motihari in connection with Motihari Mahila P.S. Case No. 4 of 2015.

(Partha Sarthy, J) Prakash/- U